||Oracle Tips by Burleson
Chapter 5 -
All About Cybercrime
Malice and Libel
Under some state laws, an individual may become
a LPPF by his purposeful activity amounting to a thrusting of his
personality into the vortex of an important public controversy.
This section has included some of the
intricacies of how liability law works. Another step is to
investigate its application to websites.
Website Liability for Cyber-Libel
The matter of corporate or personal liability
in cyber-libel cases often rests on the issue of content control.
Even in cases in which the crime of libel is proven, the questions
regarding who is responsible and how far the culpability extends
An illustration may help explain this concept.
Consider the case of a newspaper charged with libel. Assume that
the crime has been committed and damages are to be paid. Who is
liable? The newspaper itself, the editors on staff, the writer of
the story, the research assistant, the distribution manager, the
newsstand operator, the paper delivery boy?
All of these people played a role in the
distribution of the newspaper containing the libelous content. In
this case, the answer seems obvious, but the example demonstrates
the point clearly. The liable party or parties are those who were
in a position to know the truth and prevent the libel from
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